Hey everyone! Let’s dive into a recent court case that’s got quite a few heads turning in the real estate world. It’s all about who gets to use a fancy terrace in a commercial building in Mumbai.
IndiaIdeas.com Limited (the main party) is in a tussle with Supreme Chambers Condominium (first opposing party) and Supreme Industries Limited (second opposing party) over a terrace. The terrace in question, called Segment A, is on the 11th floor of the Supreme Chambers building.
Segment A terrace was designated for the exclusive use of the owners of Units 1001 and 1002, which IndiaIdeas.com purchased in 2018. They paid a whopping 55 crores for these units, which included rights to the terrace and some parking spaces. The terrace was meant to be a special perk, but things got messy when the condominium association decided to take over.
In November 2023, the condominium association decided to take control of Segment A terrace. They even changed the locks in November 2024, which IndiaIdeas.com claims was not allowed. The association argued that the terrace should be for everyone in the building, not just IndiaIdeas.com.
Judge Sandeep V. Marne ruled in favor of IndiaIdeas.com. The court said that the terrace was indeed meant for the exclusive use of Units 1001 and 1002. The judge pointed out that the original building agreement and the apartment contract both supported this exclusive use.
The court ordered the condominium to give back the keys to IndiaIdeas.com and stop any interference with their use of the terrace. IndiaIdeas.com also needs to finish any pending waterproofing work on the terrace.
The condominium wanted to pause the ruling, meaning they wanted to delay the decision, but the judge didn’t agree. So, IndiaIdeas.com gets their terrace back, at least for now.
